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PIAZZA v. COMBS

No. WD 67116.

226 S.W.3d 211 (2007)

John J. PIAZZA, Jr., Respondent, v. Ralph Patton COMBS, et al.; Rob P. Call, Limited Conservator of the Estate of Ralph Patton Combs, Appellants.

Missouri Court of Appeals, Western District.

June 12, 2007.

Attorney(s) appearing for the Case

Daniel R. Dunham, Columbia, MO, for Appellant, Combs.

George S. Smith, Columbia, MO, for Appellant, Call.

Sherry A. Mariea, Jonathan C. Browning, Co-Counsel, Jefferson City, MO, Stewart M. Stein, Co-Counsel, Cheryl A. Bloethe Linder, Co-Counsel, Kansas City, MO, for Respondent.

Before VICTOR C. HOWARD, C.J., ROBERT G. ULRICH and THOMAS H. NEWTON, JJ.

ROBERT G. ULRICH, Judge.

Ralph Patton Combs and Rob P. Call appeal the judgment of the Howard County Circuit Court ordering specific performance of a contract to sell certain real property to John Piazza. They present three points on appeal. First, they claim the trial court's judgment exceeded its jurisdiction as it went beyond the scope of Mr. Piazza's petition. Second, they assert the trial court erred in not entering judgment consistent with Mr. Combs's testimony...

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